Thursday, February 28, 2008

USCIS Regulation Prohibiting Multiple H-1B Filings Expected Soon

It appears that USCIS may be close to issuing a formal regulation specifically prohibiting employers from filing more than one H-1B petition for a particular foreign national employee. It was rumored last year that some employers were filing multiple H-1B petitions for the same employee as an attempt to increase their odds of securing an H-1B.

USCIS informally indicated their opposition to this practice last year, but it now appears a specific regulation addressing this situation may be on the way.

As we learn further details, we will be sure to pass them along.

6 comments:

Anonymous said...

What is the authentic source of this article?

Ellis Porter said...

We have heard this reported from several sources within the American Immigration Lawyers Association (AILA), of which our firm is a member.

guddu said...

What if guy will got lucky from more then one(two) H-1B filling? will they cancel his form all(both) from companies?
Or they will do from any one ?
Or they will do from all(both)?

Marc Topoleski said...

We can't really know for sure until the anticipated multiple filing regulations are released.

Anonymous said...

1) Can I apply for multiple H1B's at the same time with different employers?
2) Is this legal from immigration point of view other than ethic reasons?
3)Can this affect or decrease my chances of getting any approved? Can INS decline me on basis of this?
4) Can the two H1B applications be made during the same month or consecutive months with different employers or Can a second H!B application be made after first is approved?
5)Upon approval of both, Can I choose any of the employer and get that stamped? Can this cause any future problem?

addada said...

In case this interim rule is going to be released, it has to be done before atleast a week before Apr 1st. Am I right? Please correct me.